National ICT Strategic Plan Government of St Kitts and Nevis Enabling the Policy and Legal Environment In his 2000 survey of e-readiness and capacity for e-business of various Caribbean countries, Alwyn D. Singh found that little had been done by St Kitts and Nevis to update laws to accommodate the emergence of online commerce and communications. E-commerce affects a vast array of subjects and issues and entails an enormous commitment of resources. E-business and online activities are requiring countries to examine subjects that range from the general to very specific e-commerce issues and policies. Laws dealing specifically with cybercrime are non-existent. Laws to facilitate online transactions and communications, such as digital signature and electronic transaction laws, are also absent but are currently being worked on urgently. Other statutes, such as those dealing with intellectual property rights (IPR), need to be updated for the online environment. Consumer protection, child protection, and privacy laws that are important to the new ICT environment are also needed so that users feel more confident when they go online to surf the Net or to conduct business. These legal/regulatory gaps are important and must be addressed. Jurisdiction over online activities must also be addressed. Some countries take an expansive view of their courts’ legal jurisdiction, while other countries accept only a limited jurisdiction of other countries’ courts. At present, St. Kitts and Nevis as well as other Eastern Caribbean nations are lagging in the development of their legal/regulatory frameworks to accommodate the widespread utilization and deployment of ICTs. It is important that a legal analysis be undertaken to identify gaps in the legal framework and where new laws are needed. This must be done, however, in harmony with the developing global legal framework. Furthermore, the SKN Government needs to identify operational policies and practices that will be substantially affected as a result of increased usage of ICTs and an online environment. This includes requirements for authentication, certification, network availability and reliability, and combating cybercrime. For example, all enterprise networks (which include Government networks) now face the threat of attack or unauthorized intrusion. The administrators of SKN’s Government network must be prepared to handle security breaches and restore systems. SKN Ministry of Finance, Sustainable Development, Information and Technology November, 2006 27